The Indemnity Employment Contract is designed for use in employment relationships where specific risk allocation and protection mechanisms are necessary for either or both parties. This document is particularly relevant in Malaysia where employment relationships are governed by the Employment Act 1955 and related legislation. It combines standard employment terms with comprehensive indemnity provisions that protect parties against specific risks, losses, or liabilities arising from the employment relationship. The contract is commonly used for senior positions, roles involving significant decision-making authority, or positions where the employee may be exposed to particular risks or liabilities. It includes detailed terms regarding employment conditions, responsibilities, compensation, and specific circumstances triggering indemnification obligations, all while ensuring compliance with Malaysian employment law requirements.
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1. Parties: Identification of the employer and employee with complete details
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position, employment term (fixed/permanent), and commencement date
5. Duties and Responsibilities: Detailed description of the employee's role and obligations
6. Remuneration and Benefits: Salary, allowances, bonuses, and other benefits
7. Working Hours and Leave: Standard working hours, overtime, and various leave entitlements
8. Indemnity Provisions: Specific indemnity obligations and protections for both parties
9. Confidentiality: Obligations regarding company confidential information
10. Intellectual Property: Ownership and rights to work products and innovations
11. Termination: Grounds and procedures for contract termination
12. Post-Employment Obligations: Continuing obligations after employment ends
13. Governing Law: Application of Malaysian law and jurisdiction
14. General Provisions: Miscellaneous legal provisions including notices, amendments, and severability
1. Probation Period: Terms of initial probationary period, if applicable
2. Performance Reviews: Process and frequency of performance evaluations
3. Commission Structure: For sales or commission-based roles
4. International Travel: Terms for international assignments or travel requirements
5. Non-Competition: Restrictions on working with competitors post-employment
6. Remote Work Provisions: Terms for remote or hybrid working arrangements
7. Training Requirements: Mandatory training and professional development obligations
8. Company Policies: Reference to and incorporation of specific company policies
1. Schedule 1 - Job Description: Detailed outline of position responsibilities and requirements
2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and payment terms
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Specific Indemnity Terms: Detailed indemnity provisions and coverage
5. Appendix A - Confidential Information: Definition and examples of confidential information
6. Appendix B - Benefits Summary: Detailed description of all employee benefits
7. Appendix C - Reporting Structure: Organizational reporting relationships and structure
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Construction
Professional Services
Energy
Transportation
Education
Retail
Telecommunications
Mining and Resources
Real Estate
Pharmaceutical
Relevant Teams
Legal
Human Resources
Executive Leadership
Risk Management
Operations
Finance
Compliance
Project Management
Research and Development
Safety and Security
Investment
Technical Operations
Administration
Corporate Governance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Managing Director
Director
Senior Manager
Project Manager
Department Head
Legal Counsel
Risk Manager
Operations Manager
Financial Controller
Technical Director
Safety Officer
Site Manager
Investment Manager
Research Director
Principal Consultant
Head of Department
Regional Manager
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